Surendra Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3055 of 2026 ====================================================== Surendra Prasad Yadav S/O Late Damodar Yadav, Resident of Village - Sakri Yadav Tol (Incorrectly mentioned in the Aadhar Card as Sakuri), P.S.- Sakri, District- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Revenue and Land Reforms, Bihar, Patna.

2.

The Collector cum District Magistrate, Madhubani. 3.

The Sub Divisional Officer, Madhubani.

4.

The Circle Officer, Pandaul, District- Madhubani. 5.

The Block Education Officer, Pandaul, District- Madhubani 6.

Lalit Yadav, S/O Late Lakshmi Yadav resident of Village- Sakri Yadav Tol, P.S.-Sakri, District- Madhubani.

7.

Lalan Yadav, S/O Late Subelal Yadav resident of Village- Sakri Yadav Tol, P.S.-Sakri, District- Madhubani.

8.

Raman Yadav, S/O Late Jagdish Yadav resident of Village- Sakri Yadav Tol, P.S.-Sakri, District- Madhubani.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suneil Kumar Thakur, Adv.

For the Respondent/s :

Mr. Government Advocate (5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 02-04-2026 The writ petition has been filed by the petitioner (Surendra Prasad Yadav) seeking for following reliefs:- "i) For issuance of a writ in the nature of Mandamus commanding and directing the respondent-authorities to clear the land of Rajkiya Prathmic Vidyalaya Sakri (S.C.) under Block Pandaul in the District of Madhubani ('said school' for short) bearing Khesra

Patna High Court CWJC No.3055 of 2026(2) dt.02-04-2026 2/2 No. 436 (old) under Khata No. 258 (old), Thana No. 102 measuring an area of 13 decimals situated at Mauza Sakri, Pargana Hati, Circle Pandaul, in the District of Madhubani ('land in question'

for short) from encroachment made by the private respondent nos. 06 to 08.

ii) For issuance of a perpetual injunction and thereby perpetually enjoining upon the private respondent nos. 06 to 08 from assertion of their any right upon the land in question of the said school in future."

2. Since the petitioner has got efficacious alternative remedy under the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as, "Act, 1956"), learned counsel for the petitioner seeks to withdraw the present writ petition with a liberty to approach the concerned authority under the Act, 1956.

3. In view of such submission, this writ petition stands disposed off with the liberty aforesaid.

(Sangam Kumar Sahoo, CJ) (Harish Kumar, J) shivank/- U